CHAPTER 667

An Act to amend the Code of Virginia by adding in Chapter 17 of Title $
an article, numbered 9.1 containing sections numbered 8-476.1 through
$-476.8, relating to control of Vitamin A and D fortified skimmed milk
with or without added milk solids. rH

591

Approved April 4, 1952

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding thereto an article,
numbered 9.1, containing sections numbered 3-476.1 through 3-476.8, as

follows:
Article 9.1
§ 3-476.1. (a) The purpose of this article is to permit the sale of
and to prevent deception in the sale of certain skimmed milk and skimmed
milk with added solids.
(b) For the purpose of this article, skimmed milk shall be defined as
set out in § 3-394 and shall conform to all the requirements for Grade A
products as outlined in Article 3 of Chapter 17.

§ 3-476.2. No skimmed milk shall be sold or offered for sale as
Vitamin A and D skimmed milk unless it contains less than five-tenths of
one percent butterfat and at least four hundred U.S.P. Units of Vitamin D
and two thousand U.S.P: Units of Vitamin A per quart. Skimmed milk
may be fortified with Vitamin A and D only by such methods and from
such sources as are approved by the Commissioner of Agriculture and
Immigration acting through the Director of the Division of Dairy and
Foods of the Department of Agriculture and Immigration.

§ 3-476.3. No skimmed milk shall be sold or offered for sale as
Vitamin A and D skimmed milk with added solids unless it meets the
requirements of § 3-476.2 of this act and has a solids-not-fat content of
not less than ten percent nor more than eleven percent. When skimmed
milk or skimmed milk with added solids has been fortified with Vitamins
A and D, this fact must be declared on the label of the container and the
source of the vitamin must be shown on the said label. When the solids-
not-fat content of skimmed milk has been increased this fact must be
declared on the label of the container and the source of the additional
solids must be shown on the said label and the label shall show the words
“skimmed milk” in lettering of equal size and as legible as any other
lettering appearing on the label.

3-476.4. Whenever skimmed milk is offered for sale as Vitamin A
and D skimmed milk or Vitamin A and D skimmed milk with added solids,
representative samples of such skimmed milk must be bio-assayed periodic-
ally by a biochemist of the Division of Chemistry of the Department of
Agriculture and Immigration, under rules and regulations adopted by the
Board of Agriculture and Immigration. The cost of such assays must be
paid by the seller or distributor offering for sale Vitamin A and D skimmed
milk or Vitamin A and D skimmed milk with added solids. Such cost of
assays shall not exceed one hundred and eighty dollars per year, when
positive results are found on all assays; but when negative results are
found, the seller or distributor must pay the cost of such additional assays
as, in the opinion of the Director of the Division of Dairy and Food, may
be necessary to insure the vitamin potency of such skimmed milk or
skimmed milk with added solids.

§ 3-476.5. The Commission of Agriculture and Immigration, act-
ing through the Director of the Division of Dairy and Food, is authorized
and required to enforce the provisions of this act, and shall collect the
cost of the assays provided for in the preceding section.

§ 3-476.6. All moneys collected under the provisions of §§ 3-476.4
and 8-476.5 shall be paid into the treasury of the State and shall be placed
in the general fund to the credit of an account to be known as the “Vitamin
A and D skimmed milk account’, and such amount as may be necessary
hereby is appropriated out of such Vitamin A and D skimmed milk account
for the payment of the cost of assays of Vitamin A and D skimmed milk
as provided in this act.

§ 3-476.7. The Board of Agriculture and Immigration is hereby
authorized to adopt regulations, within the purview and scope of this act,
to carry out the provisions of the act.

§ 3-476.8. It shall be a violation of this act to sell or offer for sale
any skimmed milk as Vitamin A and D skimmed milk or Vitamin A and D
skimmed milk with added solids, without having complied with the provi-
sions of the act governing the sale of same and with the provisions of
Article 3 of Chapter 17. Any violation of the provisions of the act or
failure to comply with such provisions shall be a misdemeanor and punish-
able as such. )